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23-2801. Marital property. (a) All property owned by married persons, including the present value of any vested or unvested military retirement pay, or, for divorce or separate maintenance actions commenced on or after July 1, 1998, professional goodwill to the extent that it is marketable for that particular professional, whether described in K.S.A. 23-2601, and amendments thereto, or acquired by either spouse after marriage, and whether held individually or by the spouses in some form of co-ownership, such as joint tenancy or tenancy in common, shall become marital property at the time of commencement by one spouse against the other of an action in which a final decree is entered for divorce, separate maintenance, or annulment.

(b) Each spouse has a common ownership in marital property which vests at the time of commencement of such action, the extent of the vested interest to be determined and finalized by the court, pursuant to K.S.A. 23-2802, and amendments thereto.

History: L. 2011, ch. 26, ยง 12; July 1.

Source or Prior Law:

23-201(b).

CASE ANNOTATIONS

1. The phrase "an action" does not include a divorce filed in a foreign country between two parties who never lived in Kansas and who owned no property in Kansas. Fox v. Fox, 50 Kan. App. 2d 62, 322 P.3d 400 (2014).


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